London Borough Of Hillingdon v ARC Ltd [1998] EWCA Civ 657 (7 April 1998)

London Borough Of Hillingdon v ARC Ltd [1998] EWCA Civ 657 (7 April 1998)

A claim for compensation for compulsory purchase under Section 11 of the Compulsory Purchase Act 1965 is subject to the six-year limitation period in Section 9 of the Limitation Act 1980, and the cause of action accrues on the date of entry by the acquiring authority, regardless of whether the compensation has been agreed or determined. A reference to the Lands Tribunal is an action to recover compensation for the purposes of Section 9(1) of the 1980 Act.

Citation
[1998] EWCA Civ 657
Parties
Plaintiff (respondent): London Borough of Hillingdon; Defendant (appellant): ARC Limited
Jurisdiction
England and Wales
Judgment Date
07 April 1998
Procedural Posture
Appeal From High Court (chancery Division) / Court of Appeal (civil Division) Judgment
Outcome
Appeal dismissed with costs; leave to appeal to the House of Lords refused.
Legal Topics
Limitation of Actions, Compulsory Purchase Compensation, Statutory Interpretation, Jurisdiction of Lands Tribunal
Compulsory Purchase Land Law Civil Procedure Limitation of Actions Compulsory Purchase Compensation Statutory Interpretation Jurisdiction of Lands Tribunal

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Parties

London Borough of Hillingdon

Plaintiff (respondent)

ARC Limited

Defendant (appellant)

Procedural Posture

Appeal From High Court (chancery Division) / Court of Appeal (civil Division) Judgment

Legal Issues

  1. 1 Whether a claim for compensation for compulsory purchase under Section 11 of the Compulsory Purchase Act 1965 is subject to the six-year limitation period in Section 9 of the Limitation Act 1980, even if the compensation amount has not yet been agreed or determined by the Lands Tribunal.
  2. 2 Whether a reference to the Lands Tribunal constitutes 'an action to recover' compensation for the purposes of Section 9(1) of the Limitation Act 1980.

Ratio Decidendi

A claim for compensation for compulsory purchase under Section 11 of the Compulsory Purchase Act 1965 is subject to the six-year limitation period in Section 9 of the Limitation Act 1980, and the cause of action accrues on the date of entry by the acquiring authority, regardless of whether the compensation has been agreed or determined. A reference to the Lands Tribunal is an action to recover compensation for the purposes of Section 9(1) of the 1980 Act.

Court Disposition

Appeal dismissed with costs; leave to appeal to the House of Lords refused.

Orders

  • Appeal dismissed
  • Costs awarded to respondent